Open carry law now in effect in Texas

Alexandra Wilson, marketing director and firearms instructor at Sportsman’s Elite indoor shooting range and pro shop at 4520 Doniphan, shows two varieties of hand gun holsters. The new open carry law is now in effect in Texas.(Photo: Rudy Gutierrez/El Paso Times)

Law enforcement officials said they do not expect any problems as a result of the state’s new law that went into effect Friday, allowing qualified Texans to openly carry handguns.

To quality, Texans must have a state-issued license, be at least 21 years old or 18 if military, pass an approved training course and shooting test and have no criminal or psychological issues that prohibit them from possessing guns.

El Paso County Sheriff Richard Wiles and Robert Almonte, U.S. Marshal for the Western District of Texas, said that education and awareness about the new law should reduce the likelihood of unwelcome encounters between gun carriers and law enforcement officers.

“Initially, we may get calls to dispatchers from people who want to report someone they see that is carrying a handgun,” Wiles said. “That in itself will not be reason for a police officer or deputy to respond.

“If a person is armed and is acting suspiciously, that may be the reason to report someone,” Wiles added. “It will be interesting to see how people respond when they see someone carrying a gun openly under the new law. There is going to be a learning curve in the beginning for the public in general.”

The Texas Sheriffs’ Association, which represents 254 county sheriffs, supported the new law, according to the website texaspolicenews.com.

Wiles said sheriff deputies and El Paso police officers received training on what to expect with the new law. El Paso Police Chief Greg Allen declined comment, said police spokesman Sgt. Enrique Carrillo.

Almonte said that from his contacts with other U.S. Marshals across the United States, there should be no problems from a federal law enforcement standpoint with the new Texas open carry law.

“We would like to remind the public that you still cannot carry guns into federal courthouses and federal buildings,” Almonte said. “Those restrictions still stand.”

The Transportation Security Administration also does not allow openly carried guns beyond airport security checkpoints. Regulations on transporting guns and ammunition on airplanes are available online at tsa.gov.

The idea of packing heat is not a Texas thing because 44 other states already allow some version of the open carry law.

In El Paso County, 11,913 residents have a concealed gun license, according to the Texas Department of Public Safety. These license holders now will be able to carry their handguns openly in a shoulder or belt holster.

Texas does not require a license for rifles or shotguns.

A separate provision to allow concealed-only weapons on university campuses goes into effect Aug. 1 and requires a license and for license holders to be at least 21 years old.

State laws, though, vary on licensing requirements and on where restrictions for open carry apply or can be applied, or how handguns should be affixed to the body (i.e., holster, scabbards).

Arizona, for example, does not require adults to have a license to carry a handgun concealed or not concealed; only prohibited persons are not allowed to carry handguns, according to the website opencarry.org.

New Mexico allows handguns to be carried in a vehicle, which is considered an extension of the home, concealed or unconcealed.

“New Mexico is an Open Carry State, meaning it is legal to carry a loaded weapon as long as it is not concealed,” according to the New Mexico Department of Public Safety website. “However, it is not legal to carry any firearm in any federal building or school. It is the responsibility of the person carrying the firearm to be informed as to when/where carrying is prohibited.”

Wiles said that in other states where open carry was an option, people have tended to continue concealing their handguns.

“They do so because they figure that if someone enters an area to commit a crime, they would be at a disadvantaged because they would become the first targets,” Wile said.

Indian reservations also may restrict handguns, and someone with a state gun license is not automatically allowed to enter a reservation property with firearms. A spokesperson for the Ysleta del Sur Pueblo (Tiguas) in El Paso was not immediately available to discuss the pueblo’s gun restrictions.

Karl Meier, a former Marine and sheriff’s officer, said his handgun training classes are nearly filled through January. He is a National Rifle Association-certified instructor for the End of the Trail LTC Course at the Edge of Texas Steakhouse and Saloon in Northeast El Paso.

“Education about the details of the new law is important,” Meier said. “It’s not like we’re going back to the old days of the Wild West; we’re not. Most of my students are military, but I am starting to get people sign up for classes who are in their 50s and older, and who are doing this for the first time.”

Meier said the primary motives of people seeking the class are “personal security, home security and peace of mind.”

Information on the Lone Star State’s requirements and license application forms may be viewed on the Texas Department of Public Safety website at txdps.state.tx.us. View additional details online at opencarrytexas.org.